Applying the Family Medical Leave Act properly -- i.e., in a way that doesn't open the door to FMLA interference or retaliation claims -- can be a tricky for employers, Lisle Stalter notes in the latest ISBA Local Government Law newsletter. But now there's help, she writes. "McClelland v. CommunityCare HMO, Inc. an unpublished Tenth Circuit opinion and its district court case, provides good guidance on appropriate process and procedure to protect employers on the application of FMLA." Read her analysis.
ISBA members, sign up to receive The Bar News' biweekly e-newsletter by emailing emailpreferences@isba.org
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June 13, 2013 |
Practice News
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June 12, 2013 |
ISBA News | Events
Join us as we celebrate our accomplishments and outline initiatives for the coming bar year. The deadline for advance registration is June 14th at 4:30 pm.The advanced member registration fee is $75 online. The onsite member fee is $100. Register at webarchives.isba.org/annual/2013/reg.htmlMore information on the 137th Annual Meeting is available at www.isba.org/annual
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June 12, 2013 |
Practice News
U.S. Senator Mark Kirk (R-Ill.) has recommended Manish Shah of Chicago, Chief of the Criminal Division of the U.S. Attorney's Office and former Chief of its Appellate Division, for appointment to the United States District Court for the Northern District of Illinois.“I am proud to put forward the name of Manish Shah to be the next federal district court judge for Northern Illinois,” Senator Kirk said. “He’s the most experienced prosecutor we have, and because of his stellar record in working with former U.S. Attorney Patrick Fitzgerald, I think he is the best one for the bench. I look forward to working with Senator Durbin to make sure we have highly-skilled candidates like Shah to help strengthen our courts and clean up Illinois.”
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June 12, 2013 |
Practice News
Asked and AnsweredBy John W. Olmstead, MBA, Ph.D, CMCQ. I am a partner in a four partner law firm in Cleveland, Ohio. Our firm does class action cases and all are on a contingency fee basis. We do keep track of time expended on these cases even though we don't bill by time. One of our partners has announced that he will be withdrawing from the firm. We each have 25% ownership interests. How do we value the firm and determine his buyout? Our partnership agreement does not address this nor do we have any precedent. Do you have any suggestions?A. The real value component is the value of your unsettled cases and it will be difficult - if not impossible - to determine the value of these cases until they are concluded in the future. Some firms payout the capital account and the value of the hard assets upon departure or over a relatively short payout period and they have a future payout formula for the cases in progress as the cases are concluded.
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June 11, 2013 |
CLE
Join us from the comfort of your home or office for this live webcast on June 28th that examines the recent developments and hot topics in Illinois’ insurance coverage law. Topics include: uninsured/underinsured motorist coverage; professional liability insurance coverage; insurance coverage issues relating to legal malpractice; and comprehensive general liability insurance.The program is presented by the ISBA Insurance Law Section and qualifies for 2.25 hours MCLE credit.Click here for more information and to register.
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June 10, 2013 |
Practice News
The Illinois Supreme Court issued an amended Rule 138 on June 3. Check out the changes at http://www.state.il.us/court/SupremeCourt/Rules/Amend/2013/060313.pdf1 comment (Most recent June 13, 2013)
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June 7, 2013 |
Events | ISBA News
The Assembly meeting agenda has been posted at http://www.isba.org/leadership/assembly/minutes. This page is password protected and available only to ISBA members. The Assembly will next meet on Saturday, June 22 at the 137th Annual Meeting at the Grand Geneva Resort & Spa in Lake Geneva, Wis.
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June 6, 2013
Lake County has become the twelfth county in Illinois to adopt procedural rules that expressly prohibit nonlawyers from representing parties before its tax appeals board of review.The growing trend of counties banning the unauthorized practice of law ("UPL") in their tax appeal boards is in accord with Illinois Supreme Court precedent dating back at least as early as 1987. Lacking any state statute that addresses the issue, the implementation of local UPL rules for tax appeals boards has been officially supported by the ISBA Board of Governors since 1992. Find out more in the June IBJ.
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June 6, 2013 |
People
Johnson & Bell received the highest state level award from the Illinois Committee of the Employer Support for the Guard and Reserve (“ESGR”) for its support for members of the United States military services.Presenting the award to firm founder William V. Johnson and firm vice-president Joseph R. Marconi were US Navy Captain Mark T. Hunzeker, the chief of the Navy’s Midwest Region Legal Services Office, Great Lakes Naval Station; Renato Bacci, the incoming chairman of the Illinois ESGR Committee; and William C. Glynn, the Northern Illinois chair of ESGR.Johnson & Bell was selected to receive the award at the recommendation of Frank M. Grenard, one of the firm attorneys. Grenard is an ombudsman and military outreach volunteer with the Illinois ESGR Committee. He is also the Chairman of the Illinois State Bar Association’s Military Affairs Committee.
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June 5, 2013 |
CLE
Join us from the comfort of your home or office on June 13th for this two-hour live webcast that examines how Medicare impacts tort practitioners and those working toward the resolution of injury claims! Attorneys attending this seminar will better understand: the ins/outs and pitfalls involving the resolution of claims of Medicare eligible claimants; conditional payments, future medical allocations, and the need for a Medicare set-aside; the latest mandatory reporting requirements for lien resolution under the Medicare, Medicaid, and SCHIP Extension Act (MMSEA); how to effectively and efficiently communicate with the Centers for Medicare and Medicaid Services; how to protect your client and your client’s interests resolving cases for Medicare eligible – or soon to be Medicare eligible – individuals either for third party claims or worker’s compensation actions; and the important and necessary information to be included in any settlement/release documents.The webcast is presented by the ISBA Tort Law Section and qualifies for 2.0 hours MCLE credit.Click here for more information and to register.